GALAROSA V VALENCIA GR No. 109455 | November 11, 1993 Fact !

Raul Galarosa was the incumbent president of the katipunang bayan or Association of Barangay Councils (ABC) of Sorsogon, Sorsogon. uring his term, the epartment of !ocal Go"ernment issued Circular #o. $%&'% pro"iding for the reorgani(ation of the katipunan ng mga barangays, and !ocal Go"ernment Code of )%%) pro"ided for the creation of Liga ng mga Barangay, where it states that the elected president of the liga shall ser"e as the e*&officio member of the Sangguniang Bayan. At the time where the liga ng mga barangay is still being organi(ed, the term of the members of the Sangguniang Bayan of Sorsogon e*pired on +' ,une )%%-. Another barangay chairman, Rodolfo !asay, filed a petition a .uo that Galarosa should not be permitted to act as the e*&officio member beyond the said date, as e*plicitly stated in Sec. /%/ of the #ew !ocal Go"ernment Code to the effect that they shall ser"e as such only during their term of office as presidents of the liga chapters, which in no case shall be beyond the term of office of the sanggunian concerned. Galarosa belie"ed otherwise. I "e0 1hether or not Galarosa, as the president of ABC, is still eligible to hold office as the e*& officio member of the Sangguniang Bayan, under Section /%/, which en2oins the presidents of !iga ng mga Barangays #e$%! 3he !ocal Go"ernment Code of )%%) does not e*plicitly pro"ide that upon its effecti"ity the katipunan ng mga barangay under B.4. Blg. ++5 automatically became the liga ng mga barangay under the !ocal Go"ernment Code and that the president of the ABC automatically became the president of the liga. Absent such e*plicitness and considering ()) that the opening clause of Section /%) is e*pressed in the future tense such that the liga can only be deemed to e*ist upon the effecti"ity of the !ocal Go"ernment Code of )%%) and (-) that Section /%/ spea6s of 7duly elected presidents of the liga7 thereby clearly implying an election after the organi(ation of the liga, the conclusion to be drawn is that the legislature ne"er intended that Section /%/ would apply to the incumbent presidents of the katipunang bayan. 8oreo"er, there is no law which prohibits them from holding over as members of the sangguniang bayan. 3he Code ne"er intended to depri"e the barangays of their representation in the sangguniang bayan during the interregnum when the liga has yet to be formally organi(ed with the election of its officers. 3hus, Galarosa can legally and "alidly hold o"er as a member of the sangguniang bayan of Sorsogon, Sorsogon, until the election of the first set of officers of the liga ng mga barangay, unless he is sooner remo"ed for cause.